It is true that Article 32 cannot be used as a substitute for the enforcement of rights and obligations which can be enforced efficaciously through the ordinary processes of Courts, Civil and Criminal. A money claim has therefore to...
Month: April 2019
Supreme Court and the High Courts, being the protectors of the civil liberties of the citizen, have not only the power and jurisdiction but also an obligation to grant relief in exercise of its jurisdiction under Articles 32 and...
In the matter of liability of the State for the torts committed by its employees, it is now the settled law that the State is liable for tortious acts committed by its employees in the course of their employment.
The body, like a hollow bamboo, has no substance; The mind is like the essence of space where there is no room for thoughts. Leave your mind free, don't hold it back, but don't let it wander either. If...
NHRC notice to the Director-General Police, West Bengal over reported police action against lawyers in Howrah leading to head injuries to many of them (26.04.2019) The National Human Rights Commission, NHRC has taken suo motu cognizance of on...
(70 of 1971) [24th December, 1971] An Act to define and limit the powers of certain Courts in punishing contempts of Courts and to regulate their procedure in relation thereto. Be it enacted by Parliament in the Twenty-second Year...
Article 136 of the Limitation Act 1963 being the governing statutory provision, prescribes a period of twelve years when the decree or order becomes enforceable. The word enforce in common acceptation means and implies compel observance of (vide Concise...
When the limitation begins to run for filing an application to pass final decree on stamped papers-Executing court cannot receive the preliminary decree unless final decree is passed as envisaged under Order 20 Rule 18(2). After final decree is...
when would the period of limitation for execution of a decree passed in a suit for partition commence. In other words, question is when such a decree becomes enforceable - from the date when the decree is made or...
It is a settled principle of law that the delay per say cannot be a ground for quashing the chargesheet. It will depend upon the facts and circumstances of each case. Furthermore, the delay itself can be taken care...
